Legal Opinion

People v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 2014Published

1Opinion of the Court

Peters, PJ.

Appeal from a judgment of the County Court of Schenectady County (Giardino, J.), rendered April 23, 2012, convicting defendant upon his plea of guilty of the crime of manslaughter in the first degree.

Defendant was charged in an indictment with murder in the second degree and two counts of criminal possession of a weapon in the second degree. After a jury trial had commenced, he pleaded guilty to manslaughter in the first degree and waived his right to appeal in exchange for a promised determinate prison sentence of between 15 and 20 years. County Court admonished defendant that as…

2Cases cited14 opinions

  1. People v. CallahanNew York Court of Appeals · 1992
  2. People v. OutleyNew York Court of Appeals · 1993
  3. People v. NaranjoNew York Court of Appeals · 1997
  4. People v. HicksAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. RollinsAppellate Division of the Supreme Court of the State of New York · 2008

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